Commonwealth Consolidated Acts

NATIVE TITLE ACT 1993 - SECT 203FEB

Application of this Act to persons and bodies funded under subsection 203FE(2)

Obligations and powers of persons and bodies to whom funding is made available

(1) A person or body to whom funding is made available under
subsection 203FE(2) to perform specified facilitation and assistance
functions in relation to a matter has the same obligations and powers in
relation to the performance of those functions in relation to that matter as a
body recognised as the representative body for that area would have in
relation to the performance of those functions in relation to that matter.

Obligations and powers of third parties in relation to those bodies

(2) A person (the third party ) has the same obligations and powers, in
relation to a person or body to whom funding is made available under
subsection 203FE(2) to perform specified facilitation and assistance
functions in relation to a matter, as the third party would have in relation
to a body recognised as the representative body for the relevant area who is
performing, or has performed, those functions in relation to that matter.

Section 203BD arrangements ineffective during funding period

(3) Subsection (4) applies if, as a result of a review under
section 203FB of a refusal by a representative body for an area (the
original body ) to perform facilitation and assistance functions in relation
to a matter, funding is made available to a person or body under
subsection 203FE(2) to perform specified facilitation and assistance
functions in relation to the matter.

(4) Despite section 203BD, the representative body for an adjoining
area cannot perform those functions in relation to that matter during the
period within which the funding is to be spent, even if that body enters into
an arrangement with the original body to do so.

(5) Without limiting subsection (1) or (2), the following
provisions apply in the following ways:

(a) section 203FC applies in relation to a person or body to whom
funding was made available under subsection 203FE(2) to perform specified
facilitation and assistance functions in relation to a matter, but who has
ceased to perform those functions in relation to that matter, in the same way
as it would apply in relation to a former representative body (as defined for
the purposes of that section) who had performed those functions in relation to
that matter;

(b) section 203FCA applies:

(i) in relation to a person or body to whom funding is made available
under subsection 203FE(2) to perform specified facilitation and
assistance functions in relation to a matter--in the same way as it would
apply in relation to a representative body performing those functions in
relation to that matter; and

(ii) in relation to a person or body to whom funding was made available
under subsection 203FE(2) to perform specified facilitation and
assistance functions in relation to a matter, but who has ceased to perform
those functions in relation to that matter--in the same way as it would apply
in relation to a former representative body (as defined for the purposes of
section 203FC) who had performed those functions in relation to that
matter.

Inspection, audit and investigation under section 203DF not affected by
funding ceasing

(6) The fact that:

(a) the period within which funding made available under
subsection 203FE(2) is to be spent has expired; or

(b) funding under that subsection has otherwise ceased to be available;

does not affect the undertaking of an inspection and audit, or investigation,
under section 203DF.

Further application may be prescribed

(7) Without limiting the other provisions of this section, the
regulations may prescribe the way in which other provisions of this Act are to
apply in relation to a person or body to whom funding is made available under
subsection 203FE(2).